Azcentral reports a judge has thrown out the murder charge against a man who killed another hiker in a dispute over dogs on a trail in Coconino County.
The ruling will send the case against Harold Fish back to a Grand Jury if prosecutors choose to do so. Fish is accused of shooting Grant Kuenzili three times with a 10mm pistol on May 11, 2004 near the Pine Canyon Trailhead. Kuenzili was unarmed. Fish had maintained three unleashed dogs (a chow, a Labrador mix and a German shepherd mix) had threatened him and that Kuenzli charged him after he pulled out his pistol and fired a warning shot in the ground.

Coconino County Superior Court Judge Mark Moran said prosecutors omitted significant facts and did not correct misleading testimony in a daylong presentation of their case against Fish.